False case of 354(d), 506 and 509 against

my brother
Hello Sirs,
I have a brother of age 21, who has been in MUTUAL LOVE with a girl over the
last 3 years. Everybody in our locality knew this (except her father till the
last 1 month).The girl family is residing beside our home for the last 20
years.
Before one month the girls father came to know this and filed a police case
against my brother (of sexual harassment, criminal intimidation etc.)
.Unfortunately the Girl was completely Brain washed and shes said that she
doesn't even know who my brother is , never met or talked with him. She even
went with her father to file a case. We settled the issue on the same day with
few well-wishers of both families and local political leaders. We came to an
agreement (on white paper) that they should not disturb our privacy and we
will not disturb them. The case was not even filed at that time and it was
closed outside the police station. There was an agreement signed (on white
paper) by my dad, brother, the girl and his father that we will leave the
issue there it self and not interfere in each others matters in future. My
parents, I and our family counselled my brother and he agreed to stay away
from girl and all these things. He completely left everything and started to
mind his own business. (Actually he completely got fed up with the girls
character and he left her thoughts).
15 days after this incident, the girl got a marriage proposal and it was
cancelled when the other party came to know all these issues which are
happened. We are completely unaware of who told them and how the proposal got
disturbed. We are no way related to this incident.
Suddenly, the next day, his father went to the police station again with his
daughter and filed a case against my brother under the sections 506 (criminal
intimidation), 509(modesty of woman) and 354d (stalking a woman)
we have got few letters which girl wrote to my brother, we have call lists
with us (of hours conversation between girl and my brother), few gifts which
they exchanged etc. but they are least bothered at-least to check what they
are.
The police are not even bothered to hear our version on what happened.
Now we have got a bail and the case has been referred to the court. As per the
latest information I have got, they have sent the charge sheet to the court.
So,
1. When I asked about this to the local lawyers and all , they say only one
thing, no police will listen what the boys says in such cases, the police have
the complete authority to book the case in such circumstances without even
verifying the facts. IS THIS TRUE ?
2. The girls father completely maligned our reputation in every possible way,
even though we are innocent. He is still maligning us with all the false
propaganda. Do we have to sit quiet and accept what he says? WHAT IS THE
BIGGEST PUNISHMENT WE CAN GIVE HIM -- LEGALLY (any cases that we can file, how
can we get the justice and let all the people know that his daughter is the

actual culprit). If we can file any cases against him (defamation, for
registering false FIR, etc.), when is the right time to do that?
3. How should we use the proofs that we have got for their relationship.
4. He is still searching for all the available options to defame us does he
still have any options to again go to the police station and file any further
cases on us ? My parents are really tensed thinking that what happens if he
again go to the police station and files any other false case on us? IS THAT
POSSIBLE?
Will the police at least hear what our version is if he files a second case
against us?
5. What should we do now, which can prove our innocence and his guilt? How
should we act in the future in regards with the case filed? What are the
DO's and DON'Ts for us?
6. What will be the impact of this CASE on my brothers future?
7. At what point of the time, will the case can be taken back by them, can
this be settled out of court?
Regards,
Kumar.
1. Since you have got bail from the court the first hurdle has been crossed.
The proof which you presented to the police should have been considered by it,
but the way police functions in this country is a far cry from the manner in
which a police force must function. So do not rely on police to lean in your
favour.
2. Legally speaking, you can file a case for defamation against him, but it
should be done only after your brother is exonerated by the court. Filing a
counter case at this juncture can be highly counter productive.
3. The proof which you have in support of your brother should be produced in
the court to rebut the case of the police. The court will consider every
evidence in a careful manner. Police may not hear your version, but the court
will.
4. If he files any fresh case against you then seek anticipatory bail
immediately. Alternatively, you can move the High Court to seek protection
against fresh false cases.
5. Contest the case on merits. In consultation with your lawyer explore the
possibility of applying for quashing of the case. The agreement entered into
between your father and her father has no value in the eyes of the law.
6. If held guilty your brother may not be able to find any employment.
Furthermore, he may be denied passport and/or visa.
7. The girl and her family is in the driver's seat, so they wont take the case
back. Concentrate on proving your innocence on merits as the case has now
reached a decisive stage.

Ashish Davessar
Advocate, Jaipur
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If the Police is not taking the evidence produced by you under consideration,
you can file a complaint to the Ilaqa Magistrate producing all the evidence
before him. Further, the evidence as told by you can be used during your
defence evidence if the chargesheet is filed. You need not sit quietly against
the false cases filed by her and her father. the defamation suit can be filed
but do not file it right away because that may go against you in the court
proceedings.
You will have to contest the case of merits. The agreement signed by your
father and her father needs to be disclosed when u file the complaint before
the Magistrate. Further, are there any calls/conversations between your
brother and the girl after the agreement was signed? That may go against you
if there was any.
They cannot file any other case against you since as per the facts your
brother is not speaking with the girl anymore. You must file the complaint for
producing false evidence and giving wrong information to police against them
before the Magistrate who can take cognizance of the offence if desired.
As this juncture concentrate on defending the case on merit. After amendment
to the CrPC Police is bound to register a case on the complaint of woman so
your reasoning with the Police did not help you. Your lawyer can argue at the
charge stage if the same is not framed yet. The evidence you possess is going
to help you. You can file a defamatory case against the complainant but you
will have to wait for honorable acquittal .
Dear Kumar
My opinion on your queries are as under:
1. When I asked about this to the local lawyers and all , they say only one
thing, no police will listen what the boys says in such cases, the police have
the complete authority to book the case in such circumstances without even
verifying the facts. IS THIS TRUE ?
Opinion: Yes the police is bound to registered a case without listening the
boy's side.
2. The girls father completely maligned our reputation in every possible way,
even though we are innocent. He is still maligning us with all the false
propaganda. Do we have to sit quiet and accept what he says? WHAT IS THE
BIGGEST PUNISHMENT WE CAN GIVE HIM -- LEGALLY (any cases that we can file, how
can we get the justice and let all the people know that his daughter is the
actual culprit). If we can file any cases against him (defamation, for
registering false FIR, etc.), when is the right time to do that?
Opinion: When the bail has been grant then no need to worry, fight the case on
merit with the help of the evidence, you may file a quashing petition before
HC against the Chargesheet filed by the police. No need to file any false
cases, when the court pass an acquittal order then you may file a criminal
case for malicious prosecution against her and her father or file a defamation
case before court of law.
3. How should we use the proofs that we have got for their relationship.
Opinion: At the time of examination, your counsel may cross the complainant
and other witnesses and after that at the time of defense evidence you may
uses all the evidences.

4. He is still searching for all the available options to defame us does he

still have any options to again go to the police station and file any further
cases on us ? My parents are really tensed thinking that what happens if he
again go to the police station and files any other false case on us? IS THAT
POSSIBLE?
Opinion: Every thing is possible and impossible it is the mind and future is
uncertain, so nobody may judge.
Will the police at least hear what our version is if he files a second case
against us?
Opinion: Its depend on the case, it may be she is not going to file another
case or cases.
5. What should we do now, which can prove our innocence and his guilt? How
should we act in the future in regards with the case filed? What are the
DO's and DON'Ts for us?
Opinion: fight the case on merit with the help of lawyer, if you think that
you are able to fight the case yourself then there is no need of any lawyer.
6. What will be the impact of this CASE on my brothers future?
Opinion: It's depend on the future, decision of the court.
7. At what point of the time, will the case can be taken back by them, can
this be settled out of court?
Opinion: Yes, if there is any chance to settle the matter amicably then go
ahead and try to settle the matter with the help of court, you may approach to
court for mediation.

Nadeem Qureshi
Advocate, New Delhi
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Thank you all for your suggestions , small doubts from your suggestions i have
,
If it is proved in court that my brother is not guilty and the case is closed.
Will that have an effect on my brothers carrier, or in getting visa, passport
etc.?
I think all these gender based laws are denying our fundamental rights?
Can I get justice from the human rights commission? Can I file a case
with Human resources commission against the girl and the father? If yes when
should I do that?
I can see you all are mentioning that High Court. But our case is being
referred to the local magistrate court. Is quashing an FIR possible there? And
as per Mr. Ashish, how should I protect myself from anymore false cases in the
local court, what would be the procedure?
As per shaveta, could u please explain me You must file the complaint for
producing false evidence and giving wrong information to police against them
before the Magistrate who can take cognizance of the offence if desired.? How
and when should I do that, right away or after my case has been closed?

The proofs which we have with us are. Will all these proofs strong enough to
win the case? What from the below WILL BE COUNTER PRODUCTIVE FOR US? If
submitted before the magistrate.
1.
The postpaid call list for 2 years which has n number of calls and
messages exchanged between my brothers mobile (which is actually on my name,
which I took it from my company ) and her dads mobile. Unfortunately, we dont
have the messages or call recordings of their conversations (my brothers phone
was updated and all they are lost). No communications have been made by my
brother in the last 6 months with her.
2.
A hand written letter of the girl to my brother, which mentions her to
protect from a boy who is teasing her every day.
3.
Gifts given by my brother for the girl. (All these gifts are being
given indirectly as such the girls friend did give them). My brothers name is
mentioned nowhere.
4.
All the people in our locality knew this (as they have spotted them
when my parents are not around). (But we are in a doubt if they can come to
the court and tell this, they may not come to the large extent, because of the
basic fears in the mind of the Indian people).
5.
Even the girls brothers and his mother know this but they are acting
as if they dont know it fearing for the girls father.
6.
The agreement signed b/wn us (on a white paper) , which says we asked
for a match with the girl , but they are not willing to do it and we mutually
agree to leave the issue and not interfere in each others affairs
You have observed my entire case! What more can we add/gather to make our
voice stronger in the court?
Thanks and Regards,
Kumar.

Asked 1 year ago

1. Have the charges been framed by the court? If your brother is exonerated he
can live a normal life and there will be no hassles in him getting an
employment, passport/visa, etc.
2. Human Rights Commission has no authority to deal with your case. So don't
unnecessarily complicate the matter.
3. A magistrate cannot quash a FIR, only the High Court can. To protect
yourself from being implicated in further false cases the remedy of moving the
High Court may be availed. No remedy is more effective than going to High
Court.
4. Since the postpaid number from which your brother made the calls is owned
by you even you can be added as an accused in the case.
5. The hand written letter by the girl to your brother can be used subject to
its contents.
6. Any independent witnesses who can testify in your brother's favour will be
icing on the cake.
7. The agreement made between your and her father will have no significance in
the court.

Ashish Davessar
Advocate, Jaipur

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Talk to Ashish Davessar

1. You can not try to punish her/them. You can only pray for relief for the
injustice meted on you and/or pray for justice against the illegal torture
forced upon you. The court will award punishment after hearing both the
psrtirs,
2. Since you have already got the bail 80% of your problem is already over,
3. Now the Court will hear you and you can very well file all the evidence you
have to prove that false case has been filed against you.

Krishna Kishore Ganguly

Advocate, Kolkata
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1. If you the police case filed against you is disposed of in your favour for
want of acceptable evidence, you can file a defamation cae against them,
2. You can also file against them for filing a false case against you,
3. The proper time will be after you are exonerated form the allegations
levelled against you.

Krishna Kishore Ganguly

Advocate, Kolkata
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Has the charge sheet been filed?

If yes your brother should proceed with filing a petition before the High
Court for quashing of charge sheet. alternatively your brother may file an
application for discharge under S.227 Cr.P.C and lead evidence regarding his
innocence.In case the court refuses to discharge him, he may knock the doors
of High Court.
For more details you may send correspond via email or phone.

Tulika Prakash
Advocate, New Delhi
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Dear Kumar
My opinion on your queries are as under:
If it is proved in court that my brother is not guilty and the case is closed.
Will that have an effect on my brothers carrier, or in getting visa, passport
etc.?
Opinion: There is no effect on the carrier of your brother if he get acquittal
by the court. no need to worry the ratio of the conviction is not more then
15% in these type of the case.
I think all these gender based laws are denying our fundamental rights?
Can I get justice from the human rights commission? Can I file a case
with Human resources commission against the girl and the father? If yes when
should I do that?
Opinion: Human Right Commission may take cognizance only on the complaint
which filed against the Public Servants. so if you get an acquittal order on
merit then file a criminal case against her and her father for malicious
prosecution and criminal defamation or you may file a civil suit for
defamation.
I can see you all are mentioning that High Court. But our case is being
referred to the local magistrate court. Is quashing an FIR possible there? And
as per Mr. Ashish, how should I protect myself from anymore false cases in the
local court, what would be the procedure?
Opinion: There is no procedure for protection from filing the cases even false
or real from anyone, its depend on the case, the court may not restarin to
anyone for filing legal cases against anyone if she/he has right to file the
same but if it is proved before the court that these cases are false then the
court may take legal action against the complainant u/s 182 of IPC or u/s 340
of Cr.P.C/
As per shaveta, could u please explain me You must file the complaint for
producing false evidence and giving wrong information to police against them

before the Magistrate who can take cognizance of the offence if desired.? How
and when should I do that, right away or after my case has been closed?
Opinion: You may file a complaint u/s 340 of Cr.P.C or u/s 182 of IPC as
complaint case before court at any time.

Nadeem Qureshi
Advocate, New Delhi
Available Now
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Cognisable offences are reported U/s 154 (FIR) and non cognisable(NC) cases are reported
U/s155 of the code of criminal procedure.In the case of NC, one has to file a complaint privately
to the concerned magistrate but in the case of an FIR,the copy of the same goes to the concerned
magistrate in the next twenty four hours.Thereafter the police investigates the matter in cases of
FIR and if necessary, when offence is serious or there is possibility that accused will flee or when
the accused may use influence or has criminal history,the police can arrest without a warrant.The
police then puts up a report to the magistrate.If this report discloses an offence it is called a
charge sheet.It is upon the magistrate to accept this report or no.Apart from the local police,the
deputy commissioner of police has special powers to direct the registration of an FIR under
section 154(3) of the code of criminal procedure.One also has an option to approach the
magistrate for an FIR Under section 156(3) of code of criminal procedure.It may be noted that in
cases of crimes like dacoity,murder, clear case of theft, robbery, rape , suicide , etc, the police is
supposed to take an FIR Immediately and also take preventive steps.In crimes such as cheating,
breach of trust, forgery, etc the police has every right to conduct a preliminary enquiry before
registering the FIR.In such cases the police may or may not arrest, one cannot force the police to
arrest.In case police officer is wrongly recording a statement or in a corrupt manner wrongly
prepares a report, then in such cases an FIR can be made on such police officer also.This is under
sec 217 & 218of Indian penal code.He can also be prosecuted for misconduct under local law.